Landlord/Tenant Law: How much notice does a Landlord need to provide before beginning an eviction action?
By Attorney Anna L. Knych
The U.S. Census Bureau estimates that approximately thirty percent of households in Pennsylvania reside in rental units[1]. For tenants residing in a rented property, their relationship to their landlord is governed by the specifics of the lease, and by the law. The Landlord and Tenant Act and the Rules of Civil Procedure provide protections for both the landlord and the tenant and set forth rules and procedures for evictions, among other things.
Generally, a landlord has to provide notice to the tenant prior to beginning the eviction action. The notice has to be in writing, state the reason for the eviction, and state the amount of time that the tenant has to vacate the property. The notice must be either personally served on the tenant or posted conspicuously on the leased property. Often this is done by taping the eviction notice to the front door of the property.
The timing of the notice depends upon the length of the lease and the reason for the eviction. For leases of less than one year a 15 day notice is required for breach of lease conditions other than non-payment of rent. For leases of more than one year, a 30 day notice is required for breach of lease conditions other than non-payment of rent. However, if the reason for the eviction is non-payment of rent, the notice period is only 10 days, regardless of the length of the lease.
Importantly, although these notice periods are the general rule, Pennsylvania allows the lease to reduce or waive the notice requirement. Most well drafted leases include a waiver of the notice requirement, and the landlord is then permitted to file an eviction without any notice to the tenant. In those cases, the tenant will first receive notice of the action when they are serviced with notice of the eviction hearing.
Different factors can impact the applicability of these rules. The written language of the lease is critical and can alter the way the law is applied. Additionally, the facts of each situation must be carefully considered. For example, if the lease in question concerns a manufactured or mobile home in a mobile home park, the notice requirements are different and cannot be waived by the lease.
If you are a landlord or a tenant who is dealing with an eviction matter, we recommend having the situation reviewed by an attorney. Walters & Galloway, PLLC is experienced in representing parties involved in landlord and tenant cases. Our attorneys would be happy to discuss what steps would be most appropriate in your case. Please contact us to schedule a consultation.
[1] https://www.census.gov/quickfacts/fact/table/PA/LND110210
